Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

The defendant is a user who runs a construction business with three full-time workers as the C representative director of Guro-gu Seoul Metropolitan Government Co., Ltd.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 17,500,000, monthly wage of KRW 2,500,000 from December 23, 2014 to June 30, 2015 to his/her employee D, who was employed in the said workplace from June 23, 2014 to June 30, 2015, within 14 days from the date of his/her retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Legal statement of the witness D;

1. A truth-finding D's statement (the first, second,);

1. A certificate of source collection of income tax on Class A earned income;

1. Instructions for correction;

1. Business registration certificate;

1. A certified copy of the corporate registry [the defendant submitted "written agreement" at the third trial date, and the written agreement shall state that "the defendant pays 10,000,000 won out of D's unpaid wage of 17,50,000,000, which was worked in C in a stock company C," and shall pay by June 30, 2018.

If it is not possible, it is stated that the individual is liable for civil and criminal responsibility for it.

In the crime of non-violation of intention, the injured person expressed his wish not to punish the person.

In order for recognition, the victim’s genuine intent should be expressed in a way that is clear and reliable (see Supreme Court Decision 2012Do3166, Sept. 13, 2012). Conditional non-declaration of intent is expressed in a way that the victim’s genuine intent is apparent and reliable as a result of a different conclusion depending on the fulfillment of the said condition.

It is difficult to see, and the victim's expression of intention not to punish the victim in the crime of non-violation of punishment.